[United States Statutes at Large, Volume 122, 110th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

122 STAT. 2602

Public Law 110-278
110th Congress

An Act


 
To require the Consumer Product Safety Commission to issue regulations
mandating child-resistant closures on all portable gasoline
containers. [NOTE: July 17, 2008 -  [H.R. 814]]

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress [NOTE: Children's Gasoline Burn
Prevention Act. 15 USC 2056 note.] assembled,
SECTION 1. SHORT TITLE.

This Act may be cited as the ``Children's Gasoline Burn Prevention
Act''.
SEC. 2. CHILD-RESISTANT PORTABLE GASOLINE CONTAINERS.

(a) Consumer Product Safety Rule.--The provision of subsection (b)
shall be considered to be a consumer product safety rule issued by the
Consumer Product Safety Commission under section 9 of the Consumer
Product Safety Act (15 U.S.C. 2058).
(b) Requirements.--Effective [NOTE: Effective date.] 6 months
after the date of enactment of this Act, each portable gasoline
container manufactured on or after that date for sale in the United
States shall conform to the child-resistance requirements for closures
on portable gasoline containers specified in the standard ASTM F2517-05,
issued by ASTM International.

(c) Definition.--As used in this Act, the term ``portable gasoline
container'' means any portable gasoline container intended for use by
consumers.
(d) Revision of Rule.--If, [NOTE: Notification. Deadline.] after
the enactment of this Act, ASTM International proposes to revise the
child resistance requirements of ASTM F2517-05, ASTM International shall
notify the Consumer Product Safety Commission of the proposed revision
and the proposed revision shall be incorporated in the consumer product
safety rule under subsection (a) unless, within 60 days of such notice,
the Commission notifies ASTM International that the Commission has
determined that such revision does not carry out the purposes of
subsection (b).

(e) Implementing Regulations.--Section [NOTE: Applicability.] 553
of title 5, United States Code, shall apply with respect to the issuance
of any regulations by the Consumer Product Safety Commission to
implement the requirements of this section, and sections 7 and 9 of the
Consumer Product Safety Act shall not apply to such issuance.

(f) Report.--Not later than 2 years after the date of enactment of
this Act, the Consumer Product Safety Commission shall transmit to the
Committee on Energy and Commerce of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate a
report on--
(1) the degree of industry compliance with the standard
promulgated under subsection (a);

[[Page 2603]]
122 STAT. 2603

(2) any enforcement actions brought by the Commission to
enforce such standard; and
(3) incidents involving children interacting with portable
gasoline containers (including both those that are and are not
in compliance with the standard promulgated under subsection
(a)).

Approved July 17, 2008.

LEGISLATIVE HISTORY--H.R. 814:
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HOUSE REPORTS: No. 110-367 (Comm. on Energy and Commerce).
CONGRESSIONAL RECORD:
Vol. 153 (2007):
Oct. 9, considered and passed House.
Vol. 154 (2008):
June 16, considered and passed
Senate.